We just planned to get married and I'm in VWP

[Hypnos 6,578]

How long is your overstay (the period between when your I-94 expired and when your I-485 was accepted by USCIS)?

[peic 0]

i'm still in my 90 days right now and i'll get married and file everything like 3 weeks before the end of m 90 days.

[peic 0]

Oh and i have an other question:

Can i ask for an US driving license when i get the EAD card if i already have a valid international driving license?

Do i have to apply or have a test ?

[Hypnos 6,578]

If you have less than 180 days of overstay (the time from when your I-94 expires to when your I-485 is accepted for processing by USCIS) then you should be fine to depart the US for short visits and be able to return using AP.

Once you receive your EAD you will be able to use that to obtain a driver's licence in your state.

[peic 0]

thank you so much.

I read that in VA (where i live) many people have issues with DMV. They apparently don't reconize the EAD as a proof of legal presence...

[Hypnos 6,578]

Yes, Virginia no longer recognises the EAD as proof of legal status.

However, Virginia does allow people with a pending adjustment of status application to receive a driver's licence or ID card (http://www.dmv.state...pres_review.pdf - part i), so you may be able to use the NOA from your I-485 in order to convince them that you are here legally.

Edited April 12, 2013 by Hypnos

[Harpa Timsah 13,258]

If you want to go with this process, the understand that you won't be fully integrated until you have your GC. There will be a period of time when you can't drive, can't work, can't travel, etc. The good news is that a concurrent AOS doesn't take too long and the EAD/AP are intended to help fill the gap, though it's not perfect.

[Xanax 349]

Hi,

I just come back from our immigration lawyer. He said that our file is clean and we won't be in trouble for this process. But he told me that when I wIll overstay I can't drive a car even with an international driving license AND even with the advance of parole I shouldn't leave the US until I get the GC. We planned to go with my fiancée 3 weeks back to my country when I'll get this paper. Do you think I could be in trouble ? I don't really understand why this fom exist if you can have issues even with. We want to go together so I don't abandoned my future wife so...

What do you think about that ?

Thanks

I think you hired a lawyer and thus you should listen to them, why else would you be paying them except for the advice?

However,your lawyer cannot tell you for certain you will have no issues, no one can tell you that. People are approved and denied every day.

Regarding AP, I personally would not leave the US even with advance parole, especially if you are overstaying, you may not be let back into the US and thus will have to pursue the CR-1 visa.

Regarding driving etc, I believe what your lawyer said is also correct. I was told similarly by my local DMV (although I could be incorrect). It is probably best to confirm with your local agencies.

Good luck.